Elizabeth RIMELL (nee BALLARD) v PRITCHARD
5 June 1764
To The Right Honourable Robert Earl of Northington Lord High Chancellor of Great Britain.
Humbly
Complaining Sheweth unto your Lordship your Orators John
Pritchard of Water Lane in the parish of All hallows, Barking in
the City of London Peruke Maker and Richard James of Chapell
Court in the Parish of St Marylebone in the said County of
Middlesex, Gentleman Executors of the last Will and Testament of
Joseph Wright late of Water Lane in the said parish of All
hallows Barking in the said City of London Gentleman
deceased. That said Joseph Wright did on or about the
twenty eighth day of January in the year of our Lord One Thousand
Seven Hundred and fifty eight Exhibit his Bill of Complaint in
the Honourable Courtage of Newdigate Poynty your Orator, Richard
James, John Milton and Joseph Spriggs, and Mary his Wife thereby
suggesting (amongst other things) that Joseph Wright then
deceased the late father of the said then Complainant Joseph
Wright was at his death intitled to a very large Personal Estate
and that by his Will Dated on or about the Twenty Third day of
February in Year One Thousand Seven hundred and Forty two he gave
to his Executors Seven hundred pounds in Trust to place the same
out at Interest and to pay the Interest thereof half yearly to
the then Complainant until he should attain his age of Twenty
seven years And then to pay to the said then Complainant the said
Seven hundred pounds or to pay the same sooner to the said then
Complainant if his Executors thought fit and he therefore gave
and Devised to the said then Complainant Joseph Wright and his
Heirs a House and Barn and Close in the Parish of Shillington in
the County of Bedford and that he thereby gave to his Daughter
the said Defendant Mary Spriggs one hundred and fifty pounds for
her Sole and Separate use and thereby directed that his wife
Martha Wright should have the use of all his Silver Plate during
her life and so much of his household furniture as would furnish
two rooms for her in a handsome manner but upon Condition that
She gave Security to his other Executors not to diminish the same
and that the same at her death Should be delivered up by her
Executors or Administrators for the uses therein mentioned And he
thereby directed that all the rest of his household Goods Stock
in Trade and other things should immediately after his death be
sold and that the money arising thereby together with such monies
as should be received and got in, over and above what should be
sufficient to pay his Debts Funeral Expenses and Legacies Should
be placed out at Interest by his Executors in their own names in
Trust that the Interest thereof Should be paid to his said wife
during her life and in case she should Marry again then from such
Marriage to be for her Sole and Separate use And that after her
death the said Plate, Household Goods and Furniture given to her
for her life as aforesaid should be Sold and the money arising
thereby together with such monies as should be placed out at
Interest for her benefit for her life Should after her death be
equally divided amongst his four Children (to wit) Periam Wright
John Wright the then Complainant Joseph Wright and the Defendant
Mary Spriggs Share and Share alike and appointed his said wife
Martha and Robert Pointy and Allen Evans the Executors thereof
And the then said Complainant Joseph Wright did by the said Bill
further Suggest that the said Testator Joseph Wright his father
on or about the Third day of March One Thousand Seven hundred and
forty two make a Codicil to his said Will and which lessened the
Several Legacies he had by the said Will given to his said sons
Periam and John and to his said daughter Mary respectively And
that the said Testator Joseph Wright shortly afterwards died and
left the said Martha his Wife and his said four Children him
Surviving and that the said Martha his Wife and Robert Pointy
proved his said Will but the said Allen Evans xxxxx the same or
at all Act in the said Executorship and they or one of them
Possessed all of the said Testator Joseph Wright the Elder
personal Estate to a great Value and payed all the Testors Debts
and placed a great part thereof out at Interest on Several
Securities on their or one of their own names or name and the
then Complainants said Mother received the Interest for the same
during her life but that xxxxxxxx the then Complainants said
Legacy of Seven hundred pounds with the Interest for the same
then remained unpaid and that the said Martha and Robert Pointy
possessed All the Deeds and Writings relating to said Real Estate
devised to the said then Complainant as aforesaid And that the
said then Defendants had the same and refused to deliver the same
to the said then Complainant Joseph Wright the younger That the
then Complainants said Mother afterwards Married James Holdstock
and afterwards dyed and the said James Holdstock Survived her and
soon afterwards died Intestate and Insolvent that the said Robert
Pointy was also dead and had in his Custody at his death all or
most of the Securities for the said Trust Estate so placed out at
Interest as aforesaid and that he made his son the said Newdigate
Pointy his sole Executor who proved the said Will and Possessed
the said Securities and other parts of the said Trust Estate and
that all the said four children of the said Martha Wright were
living at the time of her death that after the death of the said
Martha or the said Robert Pointy the said Allen Evans renounced
the Executorship of the said Will of the said Testator Joseph
Wright the father and that thereupon Letters of Administration
debonis non xxx of all the said Testators Joseph Wright the
father Estate and Effects with his said Will annexed were
duly granted to the then Complainant Joseph Wright the
younger the son that the said then Defendants Richard James and
John Milton set up some Claim to the said Legacy of Seven hundred
pounds or some part thereof that the said Periam Wright and John
Wright then complainants brothers were dead without issue and
Intestate and the then Complainant Joseph Wright the younger by
his said Bill prayed that an account might be taken of all the
Personal Estate of the then Complainants said late father Joseph
Wright the Elder and that the then Complainant might be payed his
part and share thereof or to that effect and the said Defendants
Newdigate Pointy and Joseph Spriggs and Mary his wife put in
their several answers thereto or by the said Bill and answers now
remaining as of Record in the Honourable Court relation be
thereto had may more fully appear And your Orator further Sheweth
that the said Joseph Wright the younger afterwards on or about
the fifth of November One Thousand Seven Hundred and fifty nine
Exhibited his Supplemental Bill of Complaint in the honourable
Court against the said Newdigate Pointy Richard James John Witton
Joseph Spriggs and Mary his wife and Anne Wright the widow of the
said Periam Wright then lately deceased Suggesting as herein
before Suggested and the said then Complainant Joseph Wright the
younger by way of Supplement to the said Bill and intitled
thereof further shewed that after the Exhibiting of the said
Original Bill by the then Complainant in this Honourable Court
(to wit) by Indenture of Lease and Prelease dated on or about the
fifteenth and Sixteenth days of January then last past and
between the said Richard James of the first part the said
Complainant Joseph Wright the Younger of the second part Joseph
Kaye Gentleman of the third part and the said John Witton of the
fourth part (Reciting the said Will of the said Testator Joseph
Wright the Elder and the said Codicil to his Will that the said
Martha Wright and Robert Pointy proved the Will and that the said
Martha Wright dyed and that the said Robert Pointy Survived her
that Robert Pointy dyed and thereupon the said Allen Evans
renounced the executorship of the said Will And that Letters of
Administration debonis non xxxx of the said Testator Joseph
Wright the Elder with his said Will and Codicil Annexed were
granted to the then Complainant Joseph Wright the younger that
the said Robert Pointy was dead and the said Newdigate Pointy was
his Executor that by Indenture dated on or about the Thirtieth
day of September One thousand Seven hundred and Forty seven the
then Complainant Joseph Wright the younger assigned to the said
Richard James so much of the Complainants said Legacy of Seven
hundred pounds and the Interest thereof which then remained
unpaid by way of Mortgage for Securing the payment of Two hundred
and fifty pounds and Interest that the said Richard James was
Justly Indebted unto the said Joseph Kaye in the sum of Seventy
one pounds that for the Securing the payment thereof with
Interest for the same and such other monies as should become due
to the said Joseph Kaye as is therein mentioned the said Richard
James had agreed to assign the said Residue of the said legacy
and premises assigned to him as aforesaid And further
Reciting that by an Account on that day Stated between the said
Joseph Kaye and Joseph Wright the younger it appeared that there
was then due from the said Joseph Wright the younger to the said
Joseph Kaye on the Balance thereof the sum of One hundred and
thirteen pounds ten shillings and for the better securing the
payment thereof to the said Joseph Kaye with Interest for the
same And further Reciting that the said Richard James and Joseph
Wright party thereto had then settled all Accounts between them
and that on the Balance thereof there was due from the said
Joseph Wright to the said Richard James the Sum of four hundred
and sixty pounds and no more. It is by the same Indenture
Witnessed that for the better Securing the payment of the said
sum of Seventy one pounds then due from the said Richard James to
the said Joseph Kaye as aforesaid as also such other sums of
Money as should become due from the said Richard James to the
said Joseph Kaye and other his Considerations therein mentioned
the said Richard James by and with the direction Consent and
appointment of the said Joseph Kaye and Joseph Wright (Partys
thereto) respectively and Testified as is the therein mentioned
did grant Prelease and Convey unto and to the use of the said
John Witton his Heirs and Assigns all that the said Messuage
Close Lands and Premises in the Parish of Shillington aforesaid
with the Appurtenances and for the Consideration aforesaid by the
same Indenture last mentioned Did assign and Sett over to the
said John Witton his Executors Administrators and Assigns the
said Legacy of Seven hundred pounds and all the Interest due for
the same and all the part and Share whatsoever of your Orator
Richard James of into and out of the Personal Estate of the then
Complainants said late father Joseph Wright the Elder and all the
Estate Right Title and Interest whatsoever of the said Richard
James of in and to the said several premises and the said other
Complainant Joseph Wright the younger did thereby satisfy and
Confirm the same In Trust by and out of the moneys raised or
received by from or ought of the said real and Personal Estate in
the first place to pay obtain and keep to himself the said John
Witton all such Costs Charges and Expenses as he should be put to
bear or Sustain or Account of the Trusts thereby reposed in him
and then to pay or cause to be paid unto the said Joseph Kaye his
Executors Administrators or Assigns the Several Sums of Seventy
one pounds and One hundred and thirteen pounds ten shillings with
Interest for the same and all such other Sums of money or should
thereafter become due to the said Joseph Kaye from the said
Richard James and the said then Complainant Joseph Wright the
younger or either of them as therein mentioned and then to pay
the Surplus of the said Sum of Seven hundred pounds and Interest
(if any) to the said Richard James his Executors Administrators
and Assigns and if after payment thereof there should be any
surplus then to pay such Surplus to the then Complainant Joseph
Wright the younger his Executors Administrators and Assigns as by
the same Indentures of Lease and Release when produced will more
fully appear And then Complainant Joseph Wright the younger by
way of Supplement further shewed that he had then lately
discovered that his said late brother John Wright died at the
Island of Jamaica in the West Indies and left a Widow and one or
more Child or Children and that such Widow and Child or Children
or such of them as were then living did then live and reside in
the said Island of Jamaica and out of Jurisdiction of this Court
were and are not ameniable by the Process of this Honourable
Court nor has any Will of the said John Wright been approved nor
have any Letters of Administration of his Personal Estate been
granted to any Person before or by any xxxxxx within this Kingdom
And the said then Complainant Joseph Wright the younger by way of
Supplement further shewed that the said Periam Wright the said
then Complainant Joseph Wright’s late brother was about ten
years of age by Virtue of an Act pf Parliament made for the
discharge of Insolvent Debtors discharged out of Prison as an
Insolvent Debtor and afterwards all his Estate and Effects were
duly assigned to Daniel Carne late of the City of Westminster
Woolen Draper and the said then Complainants Joseph Wright the
son In Trust for themselves and the rest of the creditors of the
said Periam Wright but all his estate and Effects whatsoever are
not near sufficient to pay all his Just Debts And the said Daniel
Carne was then dead and the said Complainant Joseph Wright was
then the surviving Assignee of the Estate and Effects of the said
Periam Wright under the said Act of Parliament. And the
said Joseph Wright the younger by way of the supplement further
shewed that after the exhibition of the said Original Bill and
then lately Letters of Administration of the Personal Estate of
the said Periam Wright had been granted by the proper Ordinary to
his widow Ann Wright by Virtue whereof the said Ann Wright set up
some claim to the Personal Estate of the said then Complainants
father Joseph Wright the Elder or to some part thereof. And
the said then Complainant Joseph Wright the Younger further
shewed by way of Supplement that after Exhibiting his said
Original Bill Letters of Administration of the Personal Estate of
the said Martha Holdstock his said late Mother has been duly
granted to him. He thereby prayed the like relief as was
prayed by the said Original Bill as in and by the said
Supplemental Bill now remaining of Record in the Honourable Court
relation being thereunto had wilfully more. And your Orator
further shew that the said Defendants to the last Supplemental
Bill being served with xxxx for that Purpose appeared and put in
their answers thereto and the said Cause was at issue. But
before any further proceedings were had therein the said Joseph
Wright the son dyed whereby the said suit abated. And your
Orator further shew that the said Joseph Wright the Son duly made
and executed his last Will and Testament in writing bearing date
on or about the Seventeenth day of December One Thousand seven
hundred and Sixty one and he hereby appointed your Orators the
Executor thereof and your Orators have proved the same before the
proper Ordinary and taken on them the execution thereof and
Letters of Administration of the Personal Estate of the said
Testator Joseph Wright the father not administered by the said
Executors with the said Will Anexed have been duly granted to
your Orators whereby your Orators are become intitled to the same
relief in the Premises as the said Joseph Wright the son would
have been intitled to if he had lived. And your Orators by
way of Supplement further shew that after such proceedings were
had aforesaid (to wit) by Indenture Lease and Release dated on or
about the twelfth or thirteenth days of January One Thousand
seven hundred and Sixty one the said John Witton did grant convey
Release and assign all the Land and Tenements Goods Chattels Real
and Personal Estate whatsoever charged or mentioned to be granted
conveyed or assigned to the said John Witton as aforesaid and
every part thereof with the Appurtenances and all his Estate and
Interest therein unto William Williams of the Parish of St James
Westminster in the County of Middlesex Gentleman. To hold
to the said William Williams his heirs Executors Administrators
and assigns for ever but subject to with under and for all the
same Trusts Uses Intents and purposes as the said John Witton
then had or held the same as by the last mentioned Indentures of
Lease and Release when produced will more fully appear. And
your Orator by way of Supplement further shew that the said
Martha Wright widow after the death of the said Joseph Wright the
Elder her first husband intermarried with James Holdstock then of
Rotherhithe in the County of Kent and that she afterwards dyed
and he survived her and the said James Holdstock after the death
of the said Martha his said late wife intermarried with
Hester
his widow and is since
dead And that after his Death letters of administration of his
Personal Estate were duly granted to the said Hester Holdstock
his widow and she as such administratrix claims some right
or Title to the Personal Estate of the said Testator Joseph
Wright the father but she refused to discover what such right and
Title was and the nature thereof And your Orator by way of
Supplement did further shew that they had then lately discovered
that the said Ann Wright the widow of the said Periam Wright had
intermarried with Francis Rood and that the said James Holdstock
after the death of the said Martha his wife procured Letters of
Administration of her Personal Estate to be granted to him and
that after his death letters of Administration of her Personal
Estate not administered by him had been granted to John Bennett
the Younger by virtue whereof he pretended to have some right or
Title to the Personal Estate of the said Testator Joseph Wright
the father deceased And your Orator further shew that they on or
about the fifth day of June One thousand seven hundred and sixty
four exhibited their Bill of Power and supplemental Bill in this
Honourable Court thereby stating the several matters aforesaid
against the said Newdigate Pointy, John Mitton, Francis Rood and
Ann his wife, Joseph Spriggs and Mary his wife, William Williams,
Hester Holdstock widow, Joseph Kaye and John Bennett and thereby
prayed that the said Original Bill and proceedings had thereon as
aforesaid might be and stand revived against them and that your
Orators might have the benefit thereof and that they the said
Defendants might stand to perform and abide such further Order
direction and decree in the premises as to your Lordships should
seem meet. And your Orators further shew that the
said several defendants being duly served with process of
Subpoena for that purpose they severally appeared and put in
their answers to the said Bill of Revision of the
said Original Bill and supplement except the said John
Mitton to which answers your Orators replyed and caused an appeal
to be entered in xxxxxxxxxxxx for passing publication and your
Orators xxxxxx this cause to be heard and the aforesaid
Proceedings were duly revived by an order of this Honourable
Court made in the said cause And your Orators further shew
that afterwards and before any further proceedings were had in
the said Cause the said Hester Holdstock dyed having duly made
and executed her last Will and Testament in writing dated on
about the fourth day of April one thousand seven hundred and
sixty five and thereby appointed her mother Hester Ballard widow
the sole Executrix thereof and that the said Hester Ballard widow
afterwards in due manner renounced the Executorship thereof and
that thereupon Letters of Administration of the Personal Estate
of the said Hester Holdstock with her Will Annexed were
duly granted by the proper ordinary to Elizabeth Rimell widow and
Ann Wood the wife of Joseph Wood the sisters of the said Hester
Holdstock and by virtue thereof the said Elizabeth Rimell and
Joseph Wood and Ann his wife pretend to have some right or Title
to the Personal Estate of the said Testator Joseph Wright the
father And your Orators further shew that the said William
Williams is also since dead having duly made and executed his
last Will and Testament in writing and thereby appointed Solomon
Fell and John Thomas Irwin Bury the Executors
thereof and the said Thomas Irwin Bury alone had proved the same
Will and taken upon him the Execution thereof And your
Orators further shew that after the death of the said Hester
Holdstock and William Williams the said Suit again abated and
your Orators are intitled to the same relief in the premises
against them the said Elizabeth Rimell, Joseph Wood and Ann his
wife and Solomon Fell and Thomas Irwin Bury as they would have
been intitled to against the said Hester Holdstock and William
Williams if they had lived and thereof the said Suit and
proceedings ought to be and stand revived against them To
the end therefore that the said Elizabeth Rimell and Joseph Wood
and Ann wife, Solomon Fell and Thomas Irwin Bury may respectively
over the premises and may set forth and discover what right or
Title in particular if any they respectively have or claim to
have in or to the Personal Estate of the said Testator Joseph
Wright the father and the nature thereof and in what manner and
by what means they derive and make out the same and may shew
cause if they can of the said Suit and proceedings should not be
and stand revived against them respectively and that the same may
be and stand so revived. And your orators have the Benefit
thereof. And that your Orators may have such further and
other relief in the Premises as the nature of the Case may
require and as to your Lordship shall seem meet. May it
please your Lordship to grant to your Orators his Majesty’s
most gracious Writs of Subpoena to revive and answer
____________________ to be directed to the said Elizabeth
Rimell and Joseph Wood and Ann his wife, Solomon Fell and Thomas
Irwin Bury thereby commanding them and every of them at a certain
day and under a certain penalty to be and appear before your
Lordship in this Honourable Court then and there to answer all
and singular the premises and further to stand to perform and
obey such other order and decree in the premises as to your
Lordship shall seem meet and your Orators shall ever pray.
L Robinson.
National Archive Ref: 92-1971-36
People & relationships
Joseph Wright (the father) who died about 1743
Joseph Wright (the son) the complainant.
Mary Spriggs (daughter) the defendant
Joseph Spriggs (the husband of Mary)
Martha Wright (his wife) who died about 1745
Periam Wright (son)
Ann Wright (wife of Periam)
John Wright (son who married in Jamaica)
James Holdstock (second husband to Martha Wright) who also died about 1745
Hester Holdstock (nee Ballard - second wife to James Holdstock)
Richard James (assigned much of the legacy of Joseph Wright (the son)
Joseph Kaye (a creditor of the son Joseph Wright)
John Pritchard (Executor to the son Joseph Wright)
Richard James (Executor to the son Joseph Wright)
Newdigate Poynty (son of Robert Pointy)
John Milton (or John Witton or John Mitton)
Robert Pointy (Executor to the father Joseph Wright)
Allen Evans (Executor to the father Joseph Wright)
Daniel Carne (creditor of Periam Wright)
William Williams (assignee of John Witton)
Francis Rood (second husband to Ann Wright)
John Bennett the younger (granted letters of Administration to James Holdstock)
Hester Ballard (mother to Hester Holdstock)
Elizabeth Rimell (nee Ballard - widow and sister of Hester Holdstock)
Ann Wood (nee Ballard - sister of Hester Holdstock)
Joseph Wood (husband of Ann Wood)
Solomon Fell (Executor to William Williams)
Thomas Irwin Bury (Executor to William Williams)